Common use of Release from Restrictions Clause in Contracts

Release from Restrictions. The provisions of Section 6.1 shall not apply to any Confidential Information disclosed hereunder which: (a) was known or used by the receiving party prior to its date of disclosure to the receiving party, as evidenced by the prior written records of the receiving party; or (b) either before or after the date of disclosure to the receiving party is lawfully disclosed to the receiving party by an independent, unaffiliated third party rightfully in possession of the Confidential Information; or (c) either before or after the date of the disclosure to the receiving party becomes published or generally known to the public through no fault or omission on the part of the receiving party or its Affiliates and under no obligation of confidentiality; or (d) is required to be disclosed by the receiving party to comply with applicable laws, to defend or prosecute litigation or, as provided herein, to comply with governmental regulations, provided that the receiving party provides prior written notice of such disclosure to the other party and takes reasonable and lawful actions to avoid and/or minimize the degree of such disclosure.

Release from Restrictions. The provisions of Section 6.1 7.1 shall not apply to any Confidential Information disclosed hereunder which: (a) was known or used by the receiving party Party prior to its date of disclosure to the receiving partyParty, as evidenced by the prior written records of the receiving partyParty; or (b) either before or after the date of this disclosure to the receiving party Party is lawfully disclosed to the receiving party Party by an independent, unaffiliated third party rightfully in possession of the Confidential Information; or (c) either before or after the date of the disclosure to the receiving party Party becomes published or generally known to the public through no fault or omission on the part of the receiving party Party or its Affiliates and under no obligation of confidentiality; or (d) is independently developed by a Party without use of the Confidential Information of the other Party, as evidenced by the written records of the developing Party; or (e) is required to be disclosed by the receiving party Party to comply with applicable laws, to defend or prosecute litigation or, as provided herein, or to comply with governmental regulations, provided that the receiving party Party provides prior written notice of such disclosure to the other party Party and takes reasonable and lawful actions to avoid and/or minimize the degree of such disclosure.

Release from Restrictions. The provisions of Section 6.1 13.2 shall not apply to any Confidential Information disclosed hereunder which: (a) was known or used by the receiving party Party prior to its date of disclosure to the receiving partyParty, as evidenced by the prior written records of the receiving party; or; (b) either before or after the date of the disclosure to the receiving party Party is lawfully rightfully disclosed to the receiving party Party by an independent, unaffiliated third party sources other than the disclosing Party rightfully in possession of the Confidential Information; or; (c) either before or after the date of the disclosure to the receiving party Party becomes published or generally known to the public public, other than through the sale of Covered Products in the ordinary course, through no fault or omission on the part of the receiving party Party or its Affiliates and under no obligation of confidentialityAffiliates; (d) is independently developed by or for the receiving party without use of, reference to or reliance upon the Confidential Information; or (de) is required to be disclosed by the receiving party Party to comply with applicable laws, to defend or prosecute litigation or, as provided herein, to comply with governmental regulations, provided that the receiving party Party provides prior written notice of such disclosure to the other party Party and takes reasonable and lawful actions to avoid and/or minimize the degree of such disclosure, and further provided that the provisions of Section 13.2 shall apply to such Confidential Information for all other purposes.

Release from Restrictions. The provisions of Section 6.1 8.2 shall not apply to any Confidential Information disclosed hereunder which: : (ai) was known or used by the receiving party prior to its date of disclosure to the receiving partyparty without an obligation of confidentiality, as evidenced by the prior written records of the receiving party; or or (bii) either before or after the date of disclosure to the receiving party is lawfully disclosed to the receiving party without an obligation of confidentiality by an independent, unaffiliated third sources other than the disclosing party rightfully in possession of the Confidential Information and having the right to disclose the Confidential Information; or or (ciii) either before or after the date of the disclosure to the receiving party becomes published or generally known to the public through no fault or omission on the part of the receiving party or its Affiliates and under no obligation an affiliated party; or (iv) is independently developed by the receiving party without reliance upon or resort to any Confidential Information of confidentialitythe other party; or or (dv) is required to be disclosed by the receiving party to comply with applicable laws, to defend or prosecute litigation or, as provided herein, or to comply with governmental regulations, provided that that, unless prohibited by law, the receiving party provides to the other party prior written notice of such disclosure and a reasonable opportunity to contest such disclosure, and thereafter co-operates with the other disclosing party and takes to take reasonable and lawful actions to avoid and/or minimize the degree of such disclosure.

Release from Restrictions. The provisions of Section 6.1 2.1 shall not apply to any Confidential Information disclosed hereunder which: (a) was known or used by the receiving party Party prior to its date of disclosure to the receiving partyParty, as evidenced evidence by the prior written records of the receiving partyParty; or (b) either before or after the date of disclosure to is independently developed by the receiving party is lawfully disclosed Party without reference to or reliance on such Confidential Information, as evidenced by the written records of the receiving party by an independent, unaffiliated third party rightfully in possession of the Confidential InformationParty; or (c) either before or after the date of the disclosure to the receiving Party is lawfully disclosed without restriction to the receiving Party by an independent, unaffiliated third party rightfully in possession of the Confidential Information (but only to the extent of the rights received from such third party); or (d) either before or after the date of the disclosure to the receiving Party becomes published or generally known to the public through no fault or omission on the part of the receiving party or its Affiliates and under no obligation of confidentialityParty; or (de) is required to be disclosed by the receiving party Party to comply with applicable laws, to defend or prosecute litigation or, as provided herein, or to comply with governmental regulations, provided that the receiving party Party provides prior written notice of such disclosure to the other party Party and takes reasonable and lawful actions to avoid and/or minimize the degree of such disclosure.

Release from Restrictions. The provisions of Section 6.1 shall not apply to any Confidential Information disclosed hereunder which: (ai) was known or used by the receiving party Party prior to its date of disclosure to the receiving partyParty, as evidenced by the prior written records of the receiving partyParty; or (bii) either before or after the date of this disclosure to the receiving party Party is lawfully disclosed to the receiving party Party by an independent, unaffiliated third party rightfully in possession of the Confidential Information; or (ciii) either before or after the date of the disclosure to the receiving party Party becomes published or generally known to the public through no fault or omission on the part of the receiving party Party or its Affiliates and under no obligation of confidentiality; or (div) is required to be disclosed by the receiving party Party to comply with applicable laws, to defend judicial order or prosecute litigation or, as provided herein, to comply with governmental regulations, provided that the receiving party Party provides prior written notice of such disclosure to the other party Party and takes reasonable and lawful actions to avoid and/or minimize the degree of such disclosure.

Release from Restrictions. The provisions of Section 6.1 4.01 shall not apply to any Confidential Information disclosed hereunder whichthat: (a) was already known by receiving party prior to the date hereof from a source other than the disclosing party or used was, or is in the future, generated or developed independently by the receiving party prior to or any of its date of disclosure to the receiving partydirectors, as evidenced by the prior written records of the receiving partyofficers, employees, consultants, contractors, subcontractors, sublicenses and agents; or (b) either before or after the date of the disclosure to the receiving party is lawfully disclosed to the receiving party by an independent, unaffiliated third party rightfully in possession sources who are not under a direct or indirect obligation of confidence to the Confidential Informationdisclosing party; or (c) either before or after the date of the disclosure to the receiving party becomes published or generally known to the public through no fault or omission on the part of the receiving party or its Affiliates and under no obligation of confidentialityAffiliates; or (d) is required to be disclosed by the receiving party to comply with applicable laws, to defend or prosecute litigation or, as provided herein, or to comply with governmental regulations, provided that the receiving party provides prior written notice of such disclosure to the other party and takes reasonable and lawful actions to avoid and/or minimize the degree of such disclosure.